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Houston Divorce Lawyer

Experienced Divorce Advocacy You Deserve In & Out of Court

Filing for divorce in Houston is one of the most complicated things you may ever do - legally and emotionally. Finding a divorce lawyer near you that is capable of protecting your rights under divorce laws in Texas and fighting for your best interests in court, all while dealing with your case empathetically, is vital if you want to achieve the best results. At Diggs & Sadler, our Houston divorce lawyers utilize a meticulous, client-focused approach to divorce that helps clients get what they want.

Divorce Cases We Handle in Houston

The agreements reached during your divorce can significantly impact the rest of your life, from your financial security to your ability to spend time with your children. Therefore, without an experienced divorce attorney in Houston on your side, you may not be adequately protecting yourself or your future.

At Diggs & Sadler, we are prepared to assist clients with the following issues in Texas divorce law:

In addition to these, our team at Diggs & Sadler is adept at navigating the complexities of emotional aspects involved in divorce. We understand that the process can be taxing, and we provide clients with the support they need to manage stress and anxiety effectively. Our collaborative approach ensures that any potential conflict is handled with care, prioritizing the well-being of everyone involved, especially children. Moreover, we assist in negotiating settlements outside of court whenever possible, aiming to save time, money, and additional emotional distress.

Our Houston divorce attorneys can help you navigate these issues and more. Contact us today at (713) 766-5355 or fill out a contact form for more information!

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How to File for Divorce in Houston

1. Meet the Residency Requirements for Divorce in Texas

If you want to file for divorce in Texas, then you must be domiciled in the state of Texas for at least six months and be a resident of Harris County—that is, the county in which you are filing for divorce in Texas—for at least 90 days. If you were absent and away from the state of Texas due to public service such as military obligations, that time you spent away will count as residency.

2. File for Divorce & Serve Your Spouse

In Texas, a divorce is handled as a lawsuit, which means filing a petition or a pleading for divorce with the court to begin the process. Then the Texas divorce papers must be served on the spouse, unless service is formally waived, and then the spouse, or respondent, must file a response sometimes called an answer, on or before 10:00 am on the first Monday following 20 days after service. Those eligible for serving your divorce papers include sheriffs, constables, process servers, or anyone authorized by the court. The two primary methods for delivering this service are either in person or certified mail. If the court allows, you may serve your spouse via email or social media which is called a "substitute service."

Properly filing and serving divorce papers is crucial to ensure that your case proceeds without unnecessary delays. Incorrectly filed documents or improper service can lead to complications, such as your spouse having grounds to contest the service. It's not uncommon for cases to be delayed due to these errors, which is why seeking guidance from a seasoned Houston divorce attorney is beneficial. Our team can walk you through every document required, providing clarity in what can often be a perplexing process.

3. Go Through the Discovery Process

Both parties must make detailed disclosures describing their finances, income, and assets, and these disclosures should be backed up with financial documentation. Our divorce attorneys in Houston can help you gather the appropriate documents and ensure you don't miss anything.

After all documents and financial information are exchanged, and both parties have enough information, the court will encourage or even order the parties to mediation to try to resolve their disputes and make agreements about property and custody.

4. Attend Mediation or Litigation

Mediation is often the best option for both parties to resolve a contested divorce, but if it's impossible to reach a fair compromise, we may advise you to take the case to court. If so, your divorce will proceed to trial, where your divorce attorney will argue and present evidence on your behalf to seek the results you want.

The discovery process and subsequent mediation are crucial steps in a divorce case, as they provide opportunities to address and negotiate key areas of dispute. During mediation, parties can tackle various matters with the aim of reaching an amicable decision over asset division or child custody arrangements. This process is designed to foster collaboration between spouses, potentially minimizing conflict and the need for extended litigation. With expert legal guidance, you can navigate these discussions and make informed decisions that support long-term stability and peace.

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Are There Alternatives to Divorce in Texas?

Does it Matter Who Files for Divorce First?

It doesn't necessarily matter who files first for divorce, but being the first to file can have its advantages – as well as its disadvantages.

If you are the first to file for divorce in Texas, then your spouse will have to respond to your petition within 20 days, or on or before 10:00 am on the first Monday following 20 days after service. Therefore, being the first to file could save you the stress of trying to find the right divorce lawyer and respond in time.

One disadvantage to filing first is that you "show your hand." You have to explain in writing why you want a divorce and what you desire from the dissolution, which gives the other party an opportunity to counter your demands. You may also pay slightly more, since you were the one who paid to file for divorce in the first place.

Filing first can also provide you with the tactical advantage of being prepared, which might enhance your ability to gather necessary documentation and consult with your chosen legal team beforehand. However, this decision should be carefully considered, as the initial petition can set the tone for the rest of the proceedings, influencing how amicable or contentious matters become. Consulting with an experienced divorce attorney in Houston can guide you in determining the best strategy for your circumstances.

Exploring Marital Property Law in Houston

In Houston, divorces often involve the division of marital property, which can be complex due to varying values and attachment to personal or sentimental items. Texas is a community property state, meaning that any assets or debts acquired during the marriage are typically considered equally owned by both spouses. However, distinguishing between what constitutes marital property versus separate property can become contentious, especially when one party has brought significant assets into the marriage or has inherited wealth.

Understanding the nuances of marital property law is crucial for spouses seeking a fair division. Certain assets such as real estate, vehicles, investments, and even business interests may require professional appraisal to ascertain their current value before division. Moreover, factors like prenuptial agreements, each spouse's contribution during the marriage, and each spouse’s economic standing can also influence how property division is approached. Legal guidance is essential in ensuring that all factors are considered to arrive at a fair resolution.

Local Support Services Through Divorce

Divorce can be an emotional roller-coaster, but Houston offers a host of local support services designed to ease the process for individuals and families. From family counseling services to legal clinics, these resources provide support in transitioning into post-divorce life. Local organizations are available to aid families in resolving not only legal but also emotional and financial challenges posed by divorce.

For instance, the Harris County Domestic Relations Office offers various services to assist with child custody determinations and enforcement, while counseling centers throughout Houston provide therapy and support groups to help families cope with the emotional strain of divorce. Connecting with these services early in the divorce process can offer considerable advantages in managing personal and familial changes. Additionally, community workshops aimed at financial education can empower individuals to make informed decisions about their future.

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Always Prepared for Trial

Our attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
Strategic Representation

Each case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
We Put Clients First

At our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.

Can I Get an Uncontested Divorce in Houston?

Divorcing couples sometimes want to have an uncontested divorce, which is certainly possible if both parties are in agreement about the terms. If so, the procedure is largely the same as a contested divorce, except that cooperation and compromise are likely to be more readily achieved and the parties may be able to even avoid the financial disclosures.

Choosing an uncontested divorce in Houston can not only spare you the emotional toll of a contentious legal battle, it can also save you money, as uncontested divorces are often resolved more quickly than contested divorces. With the right approach and local resources, you can navigate this challenging time with greater ease and confidence.

Our team is well-versed in the unique challenges faced by Houston residents. We understand the importance of efficient communication and timely responses. By organizing your documents and promptly providing necessary information, you can help expedite the process and reduce costs.

While uncontested divorces are comparatively simpler, it’s essential to remain vigilant throughout the process. Even when parties agree on terms, legal documentation must be handled with precision to ensure that all agreements are binding and enforceable. This is where having a qualified divorce attorney in Houston becomes invaluable. They can draft the necessary legal documents, guide you through each step, and ensure that no detail is overlooked. Understanding the intricacies of legal agreements can protect you from potential future disputes.

Do I Need a Lawyer for an Uncontested Divorce?

Realize, though, that even if you feel that you should be able to have an uncontested divorce, having a qualified divorce attorney in Houston who can prepare the paperwork and shepherd you through the process can protect you from inadvertent and costly mistakes as well as from any possible underhandedness by your spouse. It is far better to handle your divorce and custody issues right the first time, as it is often much more difficult, even heartbreaking, to fight the uphill battle to correct problems later.

An attorney’s role goes beyond mere paperwork; they also offer a safeguard against overlooking subtle legal nuances that could have significant implications. Our team at Diggs & Sadler is dedicated to helping clients understand their rights and obligations fully. We make it our mission to advocate for your interests and to illuminate potential outcomes and challenges that might not be immediately apparent if going it alone. By partnering with us, you ensure that you are making well-informed decisions that align with both your current needs and future aspirations.

Fault-Based vs. No-Fault Divorce

In Texas, divorcing parties have the option to file for a no-fault or fault-based divorce.

No-Fault Divorce in Texas – The party filing for divorce states that the marriage is “unsupportable” and that there is no hope for reconciliation. In other words, the marriage is irretrievably broken and divorce is in both parties' best interests.
Fault-Based Divorce – The party filing for divorce cites a specific reason for doing so, such as cruel treatment, adultery, or abandonment by the other party.

The divorce fault categories in Texas are very general but may encompass many types of fault-based behavior. Domestic violence, for example, may be pled as cruel treatment.

Should I File for a No-Fault or Fault-Based Divorce?

It is important to realize that alleging fault will often create a more hostile, high-conflict divorce, however, it is also true that a no-fault divorce is not the same as an agreed or uncontested divorce—in a no-fault divorce, custody and property division are often still hotly contested.

Divorce petitioners often assume that no-fault divorces are fast and easy. However, while the disclosures may be bypassed, specific legal requirements must be met for a no-fault divorce to be finalized, just like any other divorce.

In Texas, the no-fault divorce process involves:

Fulfilling Texas' residency requirements for divorce;
Completing the correct divorce documents. This will involve a divorce decree and other situational documentation. Factors include whether the divorce is contested, you have children, and a custody agreement is already in place.
Taking completed forms to the divorce court and County Clerk.
Paying necessary Texas court fees.
Fulfilling the 60-day waiting period after filing for divorce. A no-fault divorce requires a 60-day waiting period before the court will finalize your divorce. The 60 days begin when your original divorce petition is filed in court.
Completing all paperwork. You may arrange to be divorced on day 61, but only if you have all of your paperwork in order, including a final decree of divorce addressing all necessary issues, and other documents depending on whether you have children and whether you have property that must be divided or transferred.

Ultimately, the decision between a fault-based or no-fault divorce should be guided by your individual circumstances. While a fault-based divorce can potentially impact financial settlements or custody arrangements, it also brings with it the need to prove the allegations, which can lengthen the proceedings. Analyzing your particular situation with your legal team will provide the clarity needed to choose the best path forward, whether it’s highlighting underlying issues through fault or opting for a no-fault divorce to expedite the process.

Our Approach to Fault-Based Divorce in Houston

At Diggs & Sadler, our Houston divorce attorneys are here to help you every step of the way in your divorce proceedings. Our approach to fault-based divorce (as opposed to no-fault divorce) is highly individual and will depend on your particular goals in the case, and the strategy that we pursue on your behalf. Because Texas permits the parties to change their pleadings over the course of the case, it may even make sense to file a case as no-fault and take a wait-and-see approach to fault.

At Diggs & Sadler, our Houston divorce lawyers can help you obtain a better outcome in your divorce. To schedule a consultation with our team, contact us online or via phone (713) 766-5355.

Divorce for Common-Law Marriage

Many couples in Texas choose to engage in a common-law marriage instead of a traditional marriage. Typically, to dissolve a common-law marriage, couples must file for a divorce just as they would to end a traditional marriage.

For a couple to prove they have a common-law marriage, both parties must:

Agree to be married,
Cohabitate, and
Hold themselves out to the public as though they are married.

Additionally, couples can choose to file common-law marriage paperwork to establish a common-law marriage.

Agreements that couples form to enter a common-law marriage can contain stipulations for the financial aspects of their relationship, such as what property should be considered community assets and liabilities.

Cohabitating couples may wish to prove or disprove the existence of a common-law marriage when ending their relationship. Our Houston family law attorneys can help you understand how the status of your union or common-law marriage could impact its dissolution.

One common complexity when dissolving a common-law marriage is determining the date when the marriage began, as this can impact the division of assets and liabilities. Ensuring clarity on this point can be critical for equitable distribution. Couples may face challenges when one party wishes to contest the existence or timing of the common-law marriage. Our attorneys at Diggs & Sadler are equipped to handle such disputes, providing robust representation to protect your interests and ensure a fair resolution. Additionally, we offer guidance on how any agreements made during the common-law marriage can affect the distribution of assets, making sure both parties are aware of their rights and obligations.

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How Much Could Divorce Cost Me?

The cost of your divorce will depend, in part, on the legal counsel you choose to represent you in the divorce process. Bearing that in mind, the price you pay your divorce lawyer in Houston usually corresponds with three essential factors:

Complexity, conflict and time: Complex issues, such as cases that involve significant or unusual assets or disputes over potentially complex matters such as separate property, jurisdictional disputes or child custody, may require more work, cause the case to take longer to resolve and result in a costlier divorce.
The experience of the attorney: Our more experienced attorneys naturally cost more per hour, however, you get what you pay for: if the case is unusual or complex, the more experienced attorney who charges more by the hour may actually save you money in the appropriate case. If your case is more straightforward, an attorney with lower hourly rates may be the best attorney to take good care of your needs.
Your approach: We will be there for you when you call on us. Your ability to manage your time with your attorney and to seek out ways to save money with simple steps like organizing documents and information and responding quickly to requests from us for information will save you money on fees.

Typically, legal costs are scaled by the length and depth of negotiation and mediation rounds required to settle various issues. Alternatives such as mediation may provide a faster resolution but could involve several sessions to adequately cover all topics. Additionally, attorney specialties, such as familiarity with financial intricacies or international marital laws, can affect costs, warranting a consultation to discuss potential expenses. Planning and budgeting discussions form an essential component of our initial meetings, ensuring you are aware of potential fees and align service expectations with financial analysis.

Tax Issues to Be Aware of During a Divorce

An attorney can make sure you understand how the following variables can impact your taxes and finances after divorce. At Diggs & Sadler, our Houston divorce lawyers work with financial experts to help our clients receive the information they need. While we are not tax specialists, you should know that tax issues may impact the many aspects of your divorce including the following:

The tax impact of property division: in Texas, the courts may take the tax impact of the various property division options into account in reaching the final division of the marital property. Certain property will be taxed when liquidated, such as stocks with capital gains or real estate that has appreciated. Money from most retirement accounts will be taxed at the time of withdrawal, but not taxed if the funds are in a Roth IRA. The court may take these tax variables into account.
Child support: Child support payments are not considered taxable income for the recipient and are not deductible for the paying party.
Alimony or spousal maintenance: Once deductible, the law had changed and alimony is no longer deductible for the paying party.
Dependent tax deduction: Typically, the spouse who has primary custody of the children will receive the tax deduction for dependents unless the parties agree otherwise.
Division of retirement plans: Retirement plans may be divided without being taxed, usually by a document called a Qualified Domestic Relations Order or QDRO.
Withdrawing money from a retirement plan awarded in divorce: Once all or part of a retirement plan is awarded and transferred to you upon divorce, you have a brief window to withdraw funds one time before retirement without paying the 10% early withdrawal penalty; but you will nevertheless need to pay taxes on the funds withdrawn.
Attorney fees: Generally, attorney fees related to the divorce are not tax-deductible. Potential exceptions may apply, allowing a deduction for certain types of advice.

Understanding these tax implications early in the divorce process is crucial for financial planning post-divorce. Our team works closely with tax professionals to align legal strategies with financial forecasts to protect your long-term interests. These tax considerations can influence settlement negotiations, making them integral to achieving an equitable and comprehensive divorce agreement. Ensuring these factors are addressed systematically can aid in minimizing unforeseen financial burden once the divorce is finalized.

Commonly Asked Questions

Can I get a divorce in Houston, TX without going to court?

In some cases, couples can opt for mediation or collaborative divorce to settle their divorce outside of court. However, court involvement may still be necessary for finalizing the divorce. Mediation allows for dispute resolution through a neutral third party, facilitating communication between spouses to reach mutually agreeable solutions. Collaboratively, your Houston divorce attorney can work alongside trained professionals in a team effort to create a supportive environment for developing fair agreements on matters such as asset division and child custody, without resorting to litigation. While these alternatives offer more privacy and control over outcomes, they necessitate both parties' commitment to cooperation for success.

How is property divided in a divorce in Houston, TX?

Texas follows community property laws, which means that marital property is typically divided equally between spouses. However, factors such as individual contributions and fault may also be considered. When dividing property, the court will look at equitable distribution, considering the needs of each party, the length of the marriage, and the economic disparities between spouses. In certain situations, property brought into the marriage or received via gift or inheritance is excluded from community property, unless it has been commingled with marital assets. Legal expertise is essential in correctly identifying all assets and minimizing conflict during property division.

How much does a divorce cost in Texas?

For divorce in Harris County, the filing fees alone add up to $320, which does not include additional fees for cases involving child custody. It also does not include attorney fees or court fees. According to a study published by USA Today in 2020, the average cost of divorce in Texas is $15,600 without children and $23,500 with children, making it the fifth highest-expensive state when it comes to divorce. Costs vary depending on the complexity and conflict level of the case. Expenses will be influenced by litigation, mediation, and negotiation efforts, making transparency with your attorney about costs and expectations critical in managing the financial aspects of divorce. Additionally, exploring alternative fee arrangements such as flat fees or payment plans can offer peace of mind during this challenging time.

What are the steps to modify child custody in Houston?

Modifying child custody in Houston requires proving a significant change in circumstances since the original order. Both parents must either agree to the modification or the requesting parent must provide evidence that a change is in the best interests of the child. Steps include filing a petition with the court, attending a court hearing, and possibly undergoing mediation. The petitioner should present evidence such as changing needs of the child, parental relocation, or instances of parental misbehavior. Consulting with a qualified divorce attorney is vital to ensure all legal standards are met and documentation is complete. The process can prove complex, requiring guidance to navigate both legal protocols and emotional challenges inherent in custody adjustments.

What role does mediation play in a Houston divorce?

Mediation in a Houston divorce provides a voluntary forum where spouses can resolve disputes regarding asset division, child custody, and other pertinent matters with the help of a neutral mediator. Attending mediation can result in less adversarial and more cost-effective outcomes than lengthy court battles. It allows the parties to discuss sensitive issues openly in a confidential setting, aiming for consensus-driven solutions. Successful mediation can streamline the divorce process, reducing the time and financial costs associated with divorce proceedings. However, for mediation to be effective, both parties must commit to cooperation and prioritize mutual interests over individual gains.

How Long Will It Take to Finalize My Divorce?

Unfortunately, there's no one answer to this question. Sometimes, straightforward divorces with amicable spouses take just a few months. However, acrimonious divorces or parties with complicated financial entanglements can take much longer. The following are just some of the issues and disputes in divorce that may take significant time for your attorney to resolve:

Dividing assets: If you and your spouse share assets, called community property, and disagree on how to divide them, it can lengthen the divorce process.
Separate propertydisputes: If you or your spouse have disputed claims for separate property, that may take more time to resolve.
Child custody battles: Arriving at a custody agreement can be a bitter back-and-forth that takes time. Disagreements will delay your divorce, or even necessitate a hearing or trial.
Child support disputes: If you can't agree on fair child support payments the case may need to proceed to trial.
Alimony: Alimony, or as we call it in Texas, spousal maintenance, can be a source of disagreement between divorcing parties, and may delay the case.
Trial: If your case must go to trial to be resolved by the judge or jury, then your case will take longer because you will have to wait for a trial date from the court and take all the necessary steps to prepare.

The timeline for finalizing a divorce will also vary depending on court availability and the willingness of parties to settle outside of court. Post-divorce modifications may extend discussions further if either party seeks adjustments to custody arrangements or financial obligations following the initial divorce decree. Engaging with a knowledgeable divorce attorney at every stage—from initial filing to potential appeals—ensures that the process is as efficient as possible while safeguarding your rights throughout.

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Houston Divorce Lawyer

Experienced Divorce Advocacy You Deserve In & Out of Court

On This Page:

How to File for Divorce in Houston

1. Meet the Residency Requirements for Divorce in Texas

2. File for Divorce & Serve Your Spouse

3. Go Through the Discovery Process

4. Attend Mediation or Litigation

Does it Matter Who Files for Divorce First?

Can I Get an Uncontested Divorce in Houston?

Do I Need a Lawyer for an Uncontested Divorce?

Fault-Based vs. No-Fault Divorce

Should I File for a No-Fault or Fault-Based Divorce?

Our Approach to Fault-Based Divorce in Houston

How Much Could Divorce Cost Me?

Tax Issues to Be Aware of During a Divorce